Sample Smoke-Free Lease Agreement *

The attached document is a sample addendum to a lease between a landlord and tenant that provides meaningful renter protection from exposure to secondhand smoke while limiting the risks and liabilities of a property owner to a level that will encourage smoke-free designation. The lease addendum was developed and is available from The Center on Energy and the Environment, at http://www.mncee.org/frame_iaqmb.htm.

The sample lease addendum affirms the existing legal right of a landlord to designate a building or part of a building as smoke-free. This right is based on the common law right of a property owner to restrict activities on the property, so long as the restriction is not a violation of any existing tenant-landlord law or violation of a tenant's legal rights. Findings supporting the policy reasons for using the addendum are included.

The Lease Agreement sets out the responsibilities of both the landlord and tenant. The landlord must post adequate signage identifying smoke-free areas, and must take reasonable steps to enforce the terms of the agreement. The tenant must advise all guests of the policy, and must report any violations to the landlord in a timely manner.

A disclaimer states that compliance with the smoke-free policy is no guarantee that air in any particular unit will be smoke-free. This protects a landlord from liability. Thus, if a tenant should violate the policy by smoking, or if smoke from a different source should drift into a unit with this lease agreement, the landlord is not liable.

* Materials substantially adopted from Legal Research Regarding Smoke Free Buildings, Center for Energy and Environment, 2001. The lease addendum has not gone through TALC's extensive legal review, and should not be considered a model endorsed by TALC. Rather, it is a sample that may prove useful, and should be carefully reviewed by any party seeking to use it.

SMOKEFREE POLICY:

Due to the increased risk of fire, and the known health effects of secondhand tobacco smoke, smoking is prohibited in any area of the property, both private and common, whether enclosed or outdoors. The policy applies to all owners, tenants, guests, and servicepersons.

Smoking: The term "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette or other tobacco product in any manner or in any form.

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Tenant acknowledgment:

I hereby acknowledge the above smoking policy as part of the lease or month-to-month
agreement. I agree that I will not smoke in the areas of the property listed below. In addition, I will be responsible for enforcing this policy with all of my visitors, guests, and relatives who visit the premises. If I fail to abide by this policy, I agree to move within 30 days.

Smokefree areas: ______________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

________________________________________________________________________ NAME (please print) SIGNATURE

________________________________________________________________________
ADDRESS

________________________________________________________________________
CITY, STATE, ZIP CODE

________________________________________________________________________
PHONE NUMBER

Additional Names:

________________________________________________________________________ NAME (please print) SIGNATURE

________________________________________________________________________ NAME (please print) SIGNATURE